Apple seeks Samsung Galaxy S III injunction before US launch [u]

Posted:
in General Discussion edited January 2014
Apple filed a motion late Tuesday to block U.S. sales of Samsung's new Galaxy S III smartphone, claiming that the handset should be included as part of another ongoing preliminary injunction case against the Galaxy Nexus.

Update: Samsung filed a formal opposition to Apple's motion on Wednesday:
Adding a new product to this motion would significantly change the analysis of all four preliminary injunction factors. This should not be done on two days? notice, without due process, and with no factual record whatsoever.
The full filing can be found here.

In the formal request, Apple claims that the the Galaxy S III, set to hit U.S. shores on June 21, is a direct successor to the Samsung Galaxy Nexus and should thus be enjoined to the case already underway in California, reports FOSS Patents.

The motion was filed a little over one day before the Nexus case is scheduled to begin proceedings.

If the request is granted, the Nexus injunction suit could kill two birds with one stone and stop the sales of both the legacy Galaxy handset as well as the as yet unreleased in the U.S. Galaxy S III.

In researching the matter, Apple procured the new Galaxy S III which is on sale in the U.K. and "determined that this device clearly infringes at least two of the Apple patents at issue in the preliminary injunction motion for the exact same reasons as the Galaxy Nexus."

The iPhone maker goes on to say that "[a]ccording to press reports, Samsung has already sold over nine million pre- orders of the Galaxy S III; indeed, the Galaxy S III has been reported to be the most extensively pre- ordered piece of consumer electronics in history." Apple is likely referring to a report from the Korea Economic Daily that claimed a Samsung official said pre-orders for the handset had reached upward of 9 million units in an "off-the-record" statement.

At the moment, Apple is still investigating whether the Samsung device infringes on two other patents asserted in the original Nexus injunction motion, but since the S III is slated to hit shelves in two weeks "will limit its current request for preliminary relief against the Galaxy S III to the '604 [unified search, Siri] and '647 [data tapping] patents, because it is clear that infringement can be shown with respect to these patents based on the current record."



With combined Apple and Samsung smartphone sales expected to account for over half of the global market through 2013, each handset released is an important cog in the mobile revenue machine and any stoppage of sales would represent a critical blow to either company. Although the South Korean electronics giant has a number of Android-based models, an injunction against the flagship Galaxy S III would no doubt have a negative impact on the company's bottom line.

An injunction win would be a windfall for Apple as the appeals process could restrict the Galaxy S III's window of availability before an expected next-generation iPhone is released sometime this fall.

Tuesday's filing is the latest development in the companies' worldwide patent struggle that now spans over ten countries.
«134

Comments

  • Reply 1 of 66
    eksodoseksodos Posts: 186member


    Good :) I hope they are successful with this.

  • Reply 2 of 66


    Jobs' policy of thermonuclear war remains in effect

  • Reply 3 of 66
    gwlaw99gwlaw99 Posts: 134member


    I hope Apple is ready for the backlash from the millions of people who want to buy this phone.

  • Reply 4 of 66
    inkswampinkswamp Posts: 337member


    Quote:

    Originally Posted by gwlaw99 View Post


    I hope Apple is ready for the backlash from the millions of people who want to buy this phone.


     




     


    Has there ever been a consumer backlash against Apple for any of these patent lawsuits? What makes you think one will happen this time?

  • Reply 5 of 66
    anantksundaramanantksundaram Posts: 19,416member

    Quote:

    Originally Posted by gwlaw99 View Post


    I hope Apple is ready for the backlash from the millions of people who want to buy this phone.



    Bring it on! 

  • Reply 6 of 66
    tallest skiltallest skil Posts: 43,399member

    Quote:

    Originally Posted by gwlaw99 View Post

    I hope Apple is ready for the backlash from the millions of people who want to buy this phone.




    What does Apple care about them? They weren't going to buy an iPhone, so how does it affect Apple?

  • Reply 7 of 66
    rogifanrogifan Posts: 10,669member

    Quote:

    Originally Posted by eksodos View Post


    Good :) I hope they are successful with this.





    You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.

  • Reply 8 of 66
    agramonteagramonte Posts: 345member


    God luck with that - will be as useful as the hTC ones - companies do silly things when they running scared. Sad to see it, but The iOS dumbing down of Apple continues.

  • Reply 9 of 66
    tallest skiltallest skil Posts: 43,399member

    Quote:

    Originally Posted by agramonte View Post

    …The iOS dumbing down of Apple continues.


     


    Getting kind of tired of this. image

  • Reply 10 of 66
    alcstarheelalcstarheel Posts: 554member

    Quote:

    Originally Posted by Rogifan View Post




    You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.



     


    That's what is said every time. And they still have blowout quarters. It won't affect.


     


    Quote:

    Originally Posted by agramonte View Post


    God luck with that - will be as useful as the hTC ones - companies do silly things when they running scared. Sad to see it, but The iOS dumbing down of Apple continues.



     


    smh

  • Reply 11 of 66
    quadra 610quadra 610 Posts: 6,745member

    Quote:

    Originally Posted by Rogifan View Post




    You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.



    The average consumer will care about this just as much as they did in the past. 


     


    To the tune of continued billions in profit for Apple. When Apple commands the amount and quality of consumer mindshare that they do, the only result will be sales and profit. 


     


    Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 


     


    I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.

  • Reply 12 of 66

    Quote:

    Originally Posted by hypercommunist View Post


    Jobs' policy of thermonuclear war remains in effect



    too bad that didn't work our for his buddy at Oracle. Apple may force some slight changes in Android but i see that as a good thing. I have to laugh about oracle getting slapped down and now told to pay google's court cost. nice.

  • Reply 13 of 66
    lamewinglamewing Posts: 742member

    This is getting just silly. How is it we can have all these patent lawsuits over the smartphones...yet the patents regarding cars designs, TVs, computer monitors, yada....are worked out. 


     


    I would much rather see Apple use their time and money continuing to DEVELOP hardware and software versus paying lawyers. 
  • Reply 14 of 66
    cnocbuicnocbui Posts: 3,613member


    Apple is doing a fine job of alienating the courts.  They have already been upbraided for their shotgun tactics and overloading the Judges workloads.  I am sure this move is going to be looked on with great favour.

     

  • Reply 15 of 66
    philgarphilgar Posts: 93member

    Quote:

    Originally Posted by Quadra 610 View Post


    The average consumer will care about this just as much as they did in the past. 


     


    To the tune of continued billions in profit for Apple. When Apple commands the amount and quality of consumer mindshare that they do, the only result will be sales and profit. 


     


    Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 


     


    I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.



    So apparently, if you don't create what everyone calls innovative, you should never be able to compete in the market.  Seems like many here would be happy if android died tomorrow, and apple had 100% market share.  What happened to the days when everyone feared the monopoly, and how they stifle innovation etc?  Apple is still being innovative, but they need to the competition to stay on top of the game.  From a consumer standpoint (I don't own any apple stock right now), I don't want android to disappear.  I don't want my choices limited.  Sure I'm using an ipad and iphone now, but will I be using them in 2 years?  4 years?  I'm not sure... So much of apple is stinking of 1990s era microsoft; doing whatever they can to maintain their monopoly like position (although in apple's case they're releasing new products that are superior to their old ones still).  The competitors make a similar phone that sells millions.. We don't want to release a new phone yet, as it doesn't make sense for our profit margins to release more than one new phone a year... Why don't we block them from selling the phone using patent law suits.  The whole patent system needs to be overhauled (haven't we all said that when apple gets sued again by yet another patent troll?)  What would everyone's response be if another big company (say Microsoft) sued to prevent apple's iphone from being released because it violated their patents... There have been countless patent cases against apple, and will be many more.  Right now apple is the big guy, and they're wielding a mighty big sword at their competitors... Not just threatening to destroy them in the marketplace through superior margins, supplies, etc but in the courts through the use of their patent portfolio.  I say let them compete fairly, and see how it turns out, of course that option won't maximize apple's stock price.


     


    Phil

  • Reply 16 of 66
    tallest skiltallest skil Posts: 43,399member

    Quote:

    Originally Posted by philgar View Post

    So apparently, if you don't create what everyone calls innovative, you should never be able to compete in the market.


     


    No, you just shouldn't be allowed to get away with wholesale theft.


     


    Quote:


    Seems like many here would be happy if android died tomorrow, and apple had 100% market share.  What happened to the days when everyone feared the monopoly, and how they stifle innovation etc?



     


    I don't know of anyone intelligent that wants that. People really just want unique systems that bring something to the table. Looking back, I would have loved to see Palm's software still around (albeit with less childish leadership), and I welcome Microsoft's tablet and smartphone OS interpretation, but I feel bad that they're doing so terribly at it. Windows Phone 7, cleaned up and with improvements, is actually pretty nice software.


     


    Quote:


    The competitors make a similar phone that sells millions.. We don't want to release a new phone yet, as it doesn't make sense for our profit margins to release more than one new phone a year... Why don't we block them from selling the phone using patent law suits.



     


    This is not what's happening, though.


     


    Quote:


    What would everyone's response be if another big company (say Microsoft) sued to prevent apple's iphone from being released because it violated their patents...



     


    "Shame on Apple", I would imagine. 


     


    Quote:


    I say let them compete fairly, and see how it turns out, of course that option won't maximize apple's stock price.



     


    Sure! We (well, I, at least) welcome the first fair competitor. That was Microsoft. I don't think there's any sort of lawsuit going on between Apple and Microsoft, and Windows Phone 7 certainly isn't stolen from Apple. No one else seems to want to actually compete.

  • Reply 17 of 66
    hmmhmm Posts: 3,405member

    Quote:

    Originally Posted by Quadra 610 View Post


    Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 


     


    I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.



    I know what you were responding to, but this still has little to do with the case. I wish these would all just go to trial and stop tying up court system worldwide. 

  • Reply 18 of 66
    roboduderobodude Posts: 273member


    Might be an in for Windows Phones... who knows. Something please besides Apple and Apple (2) - at this point the CE market is largely a meritocracy based on who can copy Apple the best. In the words of one Stephen A. Smith, Samsung are being SO DISRESPECTFUL. On the plus side for Samsung (and HTC who actually have original designs), these patents are surely due to expire soon.

  • Reply 19 of 66

    Quote:

    Originally Posted by screamingfist View Post


    too bad that didn't work our for his buddy at Oracle. Apple may force some slight changes in Android but i see that as a good thing. I have to laugh about oracle getting slapped down and now told to pay google's court cost. nice.



     


    If Cook ever watched War Games he would know that nobody wins at Thermonuclear War 

  • Reply 20 of 66


Sign In or Register to comment.